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04/03/1980 Special Meeting,3 ,3 KODIAK ISLAND BOROUGH ASSEMBLY SPECIAL MEETING - APRIL 3, 1980 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER The Meeting was called to order by Mayor Betty J. Wallin at 5:15 P.M. in the Borough Assembly Chambers. II ROLL CALL Present Absent Mr. Phil Anderson (arrived @ 5:30) Mr. Pat Cannon Mr. Dave Herrnsteen Mr. Edward Jack Mr. Dan Ogg Mr. James Peotter Mrs. Betty J. Wallin A quorum was established. III ITEM OF BUSINESS a) Executive Session - Legal flatters There was no action taken in the Executive Session. The Assembly has decided to direct the attorney to continue negotiations regarding the International Seafoods. IV ADJOURNMENT The meeting was adjourned at 6:15 P.M. by Mayor Wallin. Borough y ATTEST: ,gjlll%� �_ _�% .i , . KODIAK ISLAND BOROUGH ASSEMBLY MEETING - APRIL 3, 1980 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER The Meeting was called to order by Mayor Betty J. Wallin at 6:30 P.M. in the Borough Assembly Chambers. II ROLL CALL Present Mr. Phil Anderson Mr. Pat Cannon Mr. Dave Herrnsteen Mr. Edward Jack Mr. Dan Ogg Mr. James Peotter Mrs. Betty J. Wallin A quorum was established. III ACCEPTANCE OF AGENDA Absent Mayor Wallin suggested that Item A under OLD BUSINESS be deleted from the agenda. Mr. Ogg so moved. Seconded by Mr. Peotter. Unanimous roll call vote. Mr. Ogg moved to add Executive Session for discussion of personnel as the first item at the beginning of the meeting. Seconded by Mr. Herrnsteen. Motion failed 3-3 with Fir. Anderson, Mr. Cannon and Mr. Jack casting the NO votes. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Regular - March 11, 1980 Mr. Ogg moved for acceptance of Item A. Seconded by Mr. Peotter. Mayor Wallin noted a correction on page 1, under Item II the words however, Mayor Wallin so ordered that he be excused should be deleted. Mr. Peotter noted on page 4, Item IX (2), the last word on the fourth sentence should read portion. The minutes as presented with the corrections were accepted by unanimous roll call vote. V MINUTES OF OTHER MEETINGS A. School Board - Regular - February 25, 1980 & March 17, 1980 Special - March 10, 1980 & March 14, 1980 B. P & Z - February 20, 1980 C. Mental Health - February 20, 1980 Mr. Ogg moved to acknowledge receipt of Items A, B and C. Seconded by Mr. Jack. Motion carried by unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Letter from Ginny Chitwood re: Status & Potential of Local Transportation Ginny Chitwood, Executive Director of Alaska Municipal League, Pete Eakland, Transit Consultant and Lloyd Robinson, Dept. of Transportation appeared before the assembly to find out what the thoughts are on public transit for Kodiak and possibly to explore some of the options if interested. They will attend the work session on April 26, 1980. KIB ASSEMBLY MINUTES - APRIL 3, 1980 PAGE 2 B. Ross Kendall re: Appealing P & Z Decision Action delayed until the May 1, 1980 assembly meeting. C. Appointment to Personnel Board (Minority Seat) Action delayed until the May 1, 1980 assembly meeting. D. Appointment to Board of Equalization Mr. Ogg moved to nominate John Lucas to sit as a permanent member on the B.O.E.. Seconded by Mr. Cannon. Unanimous voice vote. Mr. Ogg moved to appoint Billye Routzahn and Ron Zener as alternates to the B.O.E.. Seconded by Mr. Jack. Unanimous voice vote. E. Letter from Larson Bay Advisory Board The manager was asked to follow through on this. F. P & Z Commission Resolution re: Parks Mr. Ogg moved to have a letter sent to Mr. Dennerline, Senator Mulcahy and Representative Zharoff expressing to them requests one (1) through four (4). Seconded by Mr. Anderson. Motion carried 4-2 with Mr. Jack and Mr. Peotter casting the NO votes. G. P & Z Recommendation on Land Disposal Referred to work session on April 26, 1980. VII PUBLIC HEARINGS F. Ord. No. 80-13-0 Amending the Comprehensive Land Use Plan Effecting Certain Lands Within the Borough (2nd Reading) Mr. Ogg moved to adopt Ord. No. 80-13-0. Seconded by Mr. Peotter. Regular Session closed: Public Hearing opened: Roberta Lockman, Girl Scouts, spoke against the ordinance. Originally applied for seventy-one acres in 1971 near the Beaver Lake Area for a Girl Scout campsite. Applied to P'&.Z and the Borough in 1974 for this land and they agreed to give the Girl Scouts a lease to fifteen acres of the land with a park & recreation area surrounding it. The borough agreed to obtain the lease to the land and in turn follow through with the Girl Scout lease. In 1980, P & Z gave some of this land to the Mental Health Center and started proceed- ings to zone portions of the area, including portions of the fifteen acres, industrial. The zoning of service recreations and the promised lease were ignored. Meg Miller, neighborhood chairman for the Kodiak Girl Scouts, received a letter in March from BLM stating that the property, USS 3467, according to their records did not have:a use permit issued. BLM stated that the State of Alaska applied for the land involved under Serial #AO56380 and has received tentative approval for the area. After the State receives tentative approval for the area, BLM has no authority to authorize the issuance of a permit on these lands. The State of Alaska, Dept. of Natural Resources, said that the land in question was selected by the municipality as part of the entitlement for the statehood act. I don't wish to see the borough take action on it until it is determined who does have control over the property. And if the borough does have control over it, seems they should honor the original intent to enter lease agreement with the Girl Scouts. If they do honor the lease, zoning the surrounding area should be compatible for that use. As just a citizen, I feel that we should maintain a certain amount of area within the municipal area that is recreational. KIB ASSEMBLY MINUTES - APRIL 3, 1980 PAGE 3 John Parker spoke against Ord. 80-13-0 and Ord. 80-14-0 also. Read from what the Borough said last year in its Plan of what they were going to do with recreational land: "The overall borough goal is to maintain desirable aspects of the current living environment in Kodiak including the rural atmosphere, the freedom of lifestyle and the recreational opportunities. To upgrade and maintain a full range of community facilities, utilities and services that are available to Kodiak." Realizes there is a definite need for industrial land in this community but there is also a definite need for recreational facilities. Feels that the borough has not followed up to its commitment from the previous years to get a detailed recreational study before they make any major changes in the existing utilization of lands. Theresa Sluman, member of OEDP committee and Girl Scout leader, spoke against the ordinance. The Girl Scout organization has had one intention throughout this entire project and that is to establish an accessible campsite suitable for weekly meetings, year around activities, summer camping and be located within a protected area. Our selection in picking this site, in 1974, was based on many factors. It was within easy walking distance from all four of the schools in town, it was located on a lake with another major lake close by, it was also adjacent to the Boy Scout camp area and most] mportant of all it was located within a public recreation land area set aside for all people to use. After four and one-half years of collecting weekly dues, money has now been substantially established and we have a healthy building fund. Plans were to begin building this summer. The seventy-one acres in question has been set aside for service for a larger amount of people than just the Girl Scouts that are involved. It is our feelings that special interest business men have pressured particular people on P & Z to take away, ignore and rezone this area in .question. We.feel that this land'in question should remain for the use of all people. Ed Jack, speaking as a citizen, stated that he is personally in favor of a portion of this area being industrial. There is a desperate need for it in the community. Alan Beardsley, representing the City of Kodiak, spoke against Ord. No. 80-14-0. The position of the City of Kodiak is that we realize the importance of industrial areas in our community at this time, however; we would like to see more buffer given to the proposed Girl Scout area than is shown in your draft ordinance. The City's intent with their property, if it is rezoned, is to retain control of it and lease it. Therefore, we will have some control over what goes in there and our idea is storage more than anything else. The City's ideas for this property aren't much different than those expressed by at least two or three of the assembly people tonight. We think that it should have a greater buffer area so that they would have some protection for the activity they intend to pursue there but, on the other hand we would like to see industrial zoning of a portion of the area because we think there is a need for that in the community. Susanne Harmony, P.T.A. Pres. at Main Elementary, stated that they have gone on record as supporting the Girl Scouts and felt that another group should be heard from. Ann Moen, member of OEDP, would like to point out that the OEDP report adresses itself primarily to economic concerns and needs of the community. And while it also adresses recreational and quality of life concerns, its primary focus is industrial development and economic development. Mona Billings, private citizen, stated that she felt the borough does have a strong responsibility to the Girl Scouts. KIB ASSEMBLY MINUTES - APRIL 3, 1980 PAGE 4 Nancy Tarr, representing the XI Chapter Beta Sigma Phi Sorority, stated that their organization feels very strongly on this issue. We feel that this area should not be rezoned and that the entire seventy-one acres should be retained by the Girl Scouts. Roberta Lockman, stated that she thought something had been over- looked. The Girl Scouts do not want this just for a camping area in the summertime, we want a permanent building site to be utilized year round with meetings held there at least four or five times each week. 11 Public Hearing closed: Regular Session opened: Mr. Anderson moved to table Ordinance No. 80-13-0 until such time as the borough assembly can identify the ownership of the lands in question and identify the seventy-one acres. Seconded by Mr. Herrnsteen. Motion carried 5-1 with Mr. Ogg casting the NO vote. G. Ord. No. 80-14-0 Rezoning Certain Lands Within the Borough from Unclassified to Industrial (2nd Reading) Mr. Ogg moved to adopt Ord. No. 80-14-0. Seconded by Mr. Cannon. Mr. Ogg requested that the Planning Dept. have contour maps for the area in discussion, also information regarding drainage for this area and what effect the City Ordinance has on Borough lands outside of the City Limits. Regular Session closed: Public Hearing opened: The same people that testified previously on Ord. No. 80-13-0 also testified on Ord. No. 80-14-0. William Cegek, representing Kodiak Western, who has a vested interested in two and one-half acres. If you saw fit to only rezone the two and one-half acres, which could be done while you reserve the other for study, it would be most desireable for our purposes and would not change anything as far as we're concerned as far as the use of the property. It does represent a commitment of some fifteen years standing to Kodiak Western that the property would always be available to be used as an aircraft repair and maintenance facility. Public Hearing closed: Regular Session opened: Mr. Cannon moved to table Ordinance No. 80-14-0 until such time as the borough assembly can identify the ownership of the lands in question and identify the seventy-one acres. Seconded by Mr. Anderson. Unanimous roll call vote. C. Ord. No. 80-10-0 Amending the Comprehensive Land Use Plan from Medium Density Residential & Public & Open Space to Business (2nd Reading) Mr. Ogg moved for adoption of Ord. No. 80-10-0. Seconded by Mr. Cannon. Regular Session closed: Public Hearing opened: Gene Bradley: Lot 24 C is where my home is located, and Lot 23 is the last of Mr. Bulen's lots which he wants to leave open and Mr. Pat Duffy owns a house right next to me. Mr. Duffy is within 300 ft. of this boundary. I'd like to get this postponed until we can come up with something. The bank told me if that is zoned commercial our property devaluates the day you do it. KIB ASSEMBLY MINUTES - APRIL 3, 1980 PAGE 5 Letter from Mr. Bulen: Stated that if there is any problem regarding the rezoning, they would like for it to be carried over for one month so they can discuss it with the assembly. Letter from Mr. Duffy: Stated much in favor of business growth and change in the community, but not at the expense of residential enclo- sure. We have problems already with existing mixtures of commercial - residential property. Public Hearing closed: Regular Session opened: Mr. Cannon moved to amend Ordinance No. 80-10-0 to strike Lot 20 in Section 1 and strike Section 2 completely. Seconded by Mr. Ogg. Mr. Herrnsteen moved to table Ord. No. 80-10-0 until next months meeting. Seconded by Mr. Jack. Unanimous roll call vote. D. Ord. No. 80-11-0 Rezoning Certain Lands Within the Borough from Unclassified to Business (2nd Reading)(Lots 17A, 17B, 18 & 19, USS 3098) Mr. Ogg moved to adopt Ord. No. 80-11-0. Seconded by Mr. Cannon. Public Hearing held under Ord. No. 80-10-0. Mr. Anderson moved to table Ord. No. 80-11-0. Seconded by Mr. Cannon. Unanimous voice vote. E. Ord. No. 80-12-0 Rezoning Certain Lands Within the Borough from Unclassified to Business (2nd Reading)(Lots 20, 21 & 22 USS 3098) Mr. Ogg moved to adopt Ord. No. 80-12-0. Seconded by Mr. Cannon. Public Hearing held under Ord. No. 80-10-0. Mr. Anderson moved to table Ord. No. 80-12-0. Seconded by Mr. Ogg. Unanimous voice vote. The Meeting recessed at 11:15 P.M..